Best Criminal Defense Attorneys in Newport Beach

FAQs

• What is the non-emergency contact number for the local police station in Newport Beach, California?

  The non-emergency contact number for the local police station in Newport Beach, California is (949) 644-3717.

• Where can I get a copy of police reports for incidents related to my case in Newport Beach, California?

  To get a copy of police report for incidents related to your case in Newport Beach, California, you may call the Newport Beach Police Department front desk at 949-644-3681 or mail your request.

• Is the police’s failure to read the Miranda rights a ground for criminal case dismissal in Newport Beach?

  No, in most situations, the case will not get dismissed if the police failed to read the Miranda rights to a person accused of a criminal offense in Newport Beach. Although police officers are required to inform individuals of their rights before questioning them, it does not automatically make their arrest invalid. A criminal defense lawyer may use the circumstance to provide legal remedies.

• Can you challenge a DUI case in Newport Beach if you failed the breath test?

  Yes, you can challenge a DUI case in Newport Beach even if you failed the breath or blood test. A criminal defense lawyer will investigate how the arresting officer conducted the test. The results may be thrown out if there was any misconduct, such as failing to correctly calibrate the machine.

• Can persons facing criminal charges in Newport Beach get a public defender to represent them?

  Yes, the Orange County Public Defender’s Office appoints a deputy attorney for indigent defendants charged with crimes in Newport Beach. Those who have the means to retain criminal defense lawyers are encouraged to do so because they have more resources and time to handle cases. In practice, prosecutors also offer better plea deals to persons represented by private counsel.

• Can you get your felony charges reduced to a misdemeanor in Newport Beach?

  Yes, a criminal defense lawyer may help get your felony charges reduced to a misdemeanor in Newport Beach by filing a motion pursuant to Penal Code 17(b). Under this legislation, some offenses that are eligible for reduction to a misdemeanor are burglary, criminal threats, forgery, grand theft, spousal battery, and vandalism. The court must have also granted probation to a person charged with a crime.

• What rights do you have during a search and seizure in Newport Beach?

  Under the Fourth Amendment of the U.S. Constitution, you have the right to decline consent to a search if the police officer does not have a warrant or probable cause to do so. If the police violates your constitutional right to privacy, a criminal defense lawyer could use this circumstance in court and have your case dismissed.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.